Calcutta High CourtCRM (DB)/69/2022allowed

Bishnudev Pandey v. State Of West Bengal

2022-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

31.01.2022 Sl. 44 Court No.29 sourav (Allowed) C.R.M. (DB) 69 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.01.2022 in connection with Santaldih P.S. Case No. 35 of 2021 dated 30.05.2021 under Sections 498A/304B/302/34 of the Indian Penal Code. And In the matter of: Bishnudev Pandey ....petitioner.

Mr. Sourav Chatterjee Mr. Sougata Mitra Mr. Pawan Kumar Gupta Ms. Sofia Nesar Ms. Ankita Dey ...for the petitioner.

Mr. Saswata Gopal Mukherji Mr. Partha Pratim Das Mr. Aniket Mitra Mrs. Manasi Roy ...for the State.

Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 240 days. He submits that the present petition for bail is made four months after the earlier order of rejection on September 21, 2021. He draws the attention of the Court to the contents of the Post Mortem Report. He contends that the contents of the Post Mortem Report was not highlighted at the time of the earlier rejection of the bail. He submits that there is hardly any possibility of the trial commencing any time soon. Learned advocate appearing for the State draws the attention of the Court to the Post Mortem Report and to the contents in the case diary which tends to suggest that the room was locked from inside from where the body was found hanging. Considering the Post Mortem Report and considering the period of detention of the petitioner, we grant bail to the petitioner. Accordingly, the petitioner be released on bail upon

furnishing a Bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Additional Chief Judicial Magistrate, Raghunathpur, Purulia subject to the condition that during bail he shall appear before the learned trial court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 69 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)